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Tuesday, 30 April 2019

30 April 2019 Updates 💡

Supreme Court vs RBI: Naming and shaming will curb wilful defaults, usher in transparency – https://www.financialexpress.com/industry/banking-finance/supreme-court-tells-rbi-to-disclose-loan-default-info-under-rti-naming-and-shaming-will-curb-wilful-defaults-usher-in-transparency/1560037/

👉In what could radically transform the Indirect Tax Administration System and the way business is conducted, India is looking at the possibility of introducing Electronic Invoicing under GST. If the country adopts the system, businesses will likely have to issue invoices, or bills, directly via the GST Network, and the data will be available to the authorities right away.

👉RBI gets SC ultimatum on RTI Act disclosures. The Supreme Court orders the RBI to disclose its Annual Inspection Reports of Banks, along with the list of Wilful Defaulters and information related to them under the RTI Act.

👉RBI to introduce new 'Greenish-Yellow' Rs 20 Note shortly

👉SEBI reduces Minimum Net Worth Requirements for Clearing Corporations operating in International Financial Services Centre (IFSC)

👉YES Bank reports a surprise loss of Rs 1,506.64 crore for the quarter ended March 31 on spike in provisions and contingencies.

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Recent and Important Changes in GST

1. AAR Ruling:- 18% GST is applicable on licensing services for right to use minerals including its exploration & evaluation [Read Order]:: http://www.taxknowledge.in/gst/5caf0b6106ac1065082a17a0

2. AAR rejected application for seeking advance ruling on the ground as applicant has not deposited fees  [Read Order] :: http://www.taxknowledge.in/gst/5ca3360b06ac1065082a177e

3. Big shock to the assessee as HIGH COURT confirmed action of department for charging interest in GST on gross amount without giving benefit of ITC available, despite of council meeting wherein they have recommended interest to be paid on net tax liability

High Court:- Be Ready to pay more by way of interest as High Court confirmed action on charging interest u/s 50 on gross basis without giving benefit of ITC [Read Order]:: http://www.taxknowledge.in/gst/5cbda67506ac1065082a17be

4. CBIC has released new functionalities on GST website [Read More]:: http://www.taxknowledge.in/gst/5cbebb5406ac1065082a17c1

5. New RCM for promoter of Residential Real Estate Project [Read More]:: http://www.taxknowledge.in/gst/5cbd9cfb06ac1065082a17b

5. CBIC has issued various Notifications/Circulars on 23.04.2019 [Read Circular/Notifications]:: http://www.taxknowledge.in/gst/5cc010d506ac1065082a17c9

6. CBIC:- GST Return Non-filers wont be able to generate E-way Bills from 21st June 2019 [Read Notification]:: http://www.taxknowledge.in/gst/5cc00ca406ac1065082a17c8

7. CBIC clarified about how ITC can be utilized towards payment of GST tax by way of circular [Read Circular]:: http://www.taxknowledge.in/gst/5cbff94b06ac1065082a17c7

8. Good News for Composition Dealer under GST as due date of filing GST Return has been changed for composition dealer [Read Notification]:: http://www.taxknowledge.in/gst/5cc05bac06ac1065082a17cc
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CAPITAL MARKET UPDATES🏦
April 29 - May 05, 2019

✅ In spite of declining refining margins, Reliance Industries posted 10% higher PAT for Q4 on account of good business from Jio. Accumulate.

✅ NBCC has revised its bid to acquire debt-ridden Jaypee Infratech and complete over 20,000 delayed apartments in  Noida. Buy for the long term.

✅ Ultratech Cement posted excellent results for Q4 on account of an improved sales mix on acquiring Binani Cement  last year. Accumulate.

✅ Coal India is finding ways to help importers reduce their dependence on foreign supplies. This move will boost its  profitability. Buy for the long term. 

✅ With about 8% higher PAT for Q4, ICICI Lombard General Insurance Co. is likely to fare well going forward. Buy for the long term.

❎ The grounding of Jet Airways is a clear signal. Avoid companies with high leverage. 

✅ Aided by strong credit growth, RBL Bank posted about 39% higher PAT for Q4. This trend is likely to continue. Buy.

⁉ Volumes in the PC Jeweller counter are rising on expectations of a good FY19 performance. Investors with a small risk appetite may enter with a strict stop loss.

✅ With recovery in the power sector, transmission and distribution (T&D) companies are likely to report higher profitability, which in turn will help them reduce their debt. Buy Power Finance Corporation. 

✅ IPCA Laboratories has acquired Ramdev Chemical. A big positive for the company. Accumulate.

✅ In spite of a small blip in profitability due to higher provisioning, IndiaBulls Housing Finance declared an interim dividend of Rs.10/share. The demand for housing finance, which was stagnant in the last quarter due to GST implications, is likely to improve. Buy.

✅ Volumes at the ITC counter are rising on expectations of a good FY19 performance. The stock has the potential to rise by about 20% in the next six months.

❎ Tata Global Beverages disappointed the markets with a huge one-time loss from an associate company. The stock may fall up to 40%. Sell now and buy later.

✅ Mahindra & Mahindra Financial Services posted a 47% jump in Q4 PAT and declared a special dividend. Buy for the long term.

❎ ICICI Prudential Life Insurance Co. posted lower PAT for Q4 in spite of 14% growth in premium. The pressure is likely to continue for some time. Sell now and buy later. 

✅ Oil & Natural Gas Corp. shows signs of revival with USA’s attempt to squeeze supplies from Iran. Buy for the long term.

✅ Muthoot Capital Services posted 15% lower PAT on account of lower two-wheeler sales. Stay away from this 
counter for a while.

✅ A recent study reveals that one out of every four Bombayite is a diabetic patient. Buy Biocon for the long term.

✅ Religare Enterprises is focused on improving its business prospects by restructuring its debt or considering other  options. Buy selectively.

✅ Volumes in the Grasim Industries counter are rising as the paper pulp and cement sectors are expected to fare well in the coming quarters. Accumulate.

✅ French car maker Groupe PSA plans to source €2 billion worth of components from India over the next 3-5 years. A big positive for companies like Rico Auto Industries. 

✅ Saksoft is set to notch an EPS of Rs.45+ for FY19. The stock is poised to touch Rs.400.

✅ Funds and HNIs are accumulating HCL Technologies on expectations of a robust Q4 performance. The stock is likely to touch Rs.1400.

✅ Shreyans Industries is set to notch an EPS of Rs.32 for FY19. Buy for about 30% returns in the short-to-medium term.

✅ Indiabulls Real Estate plans to sell a London property for £200 million to Sameer Gehlaut (group founder) to pare debt. The stock can rise by about 30% in the short-to-medium term.

✅ An Ahmedabad-based analyst recommends Bank of Maharashtra and Super Crop Safe.
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Analysis of Supreme Court Judgement in The Government of Haryana PWD Haryana Branch vs. M/s. G.F. Toll Road Pvt. Ltd. & Ors.

In first entry, the words “is an” indicates that the person so nominated as an Arbitrator is only disqualified if he/she is a present/current employee, consultant, or advisor of one of the parties.

Read full case analysis at : https://dasgovernance.com/2019/04/29/analysis-of-supreme-court-judgement-in-the-government-of-haryana-pwd-haryana-branch-vs-m-s-g-f-toll-road-pvt-ltd-ors/
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Soon, businesses may have to generate GST e-invoice on govt portal:

READ MORE- https://www.gststation.in/soon-businesses-may-have-to-generate-gst-e-invoice-on-govt-portal/
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ITC, Patanjali now on GST anti-profiteering list, says report:

READ MORE- https://www.gststation.in/itc-patanjali-now-on-gst-anti-profiteering-list-says-report/
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Money laundering Act to curb GST frauds?

READ MORE- https://www.gststation.in/money-laundering-act-to-curb-gst-frauds/
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👉More than 50 Property Developers, including some of India’s Top Builders, are being investigated for profiteering under the GST Regime. The investigation by the Directorate General of Anti-Profiteering (DGAP) is trying to find out if the Builders made undue profits by failing to pass on to buyers the benefit of Input Tax Credit that was available to them.

👉In a move to tackle fund diversion, RBI proposes sterner rules on opening and running of Current Accounts of Corporate Borrowers. Current accounts, according to a Draft Circular shared by the RBI with the banking industry, can “only be opened” with the lead bank in a Lending Consortium while other banks having Collection Accounts will have to transfer funds at the end of the day to the current account with the consortium leader.

👉RBI's Revised Guidelines for Resolution of Stressed Assets likely before May 23. Against the backdrop of the Supreme Court quashing an RBI circular, issued on February 12, 2018, a revised set of rules is under works and would be released soon.

👉RBI asks Bank Auditors to keep a close watch on 5 Key Parameters and is to reassign its Senior Supervisory Authority in charge of the inspection of specific banks. The twin changes have been set in motion to better leverage the skills of the wider auditor fraternity and its internal staffers.

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Dream11, other eGaming companies face potential tax bouncer on GST:

READ MORE- https://www.gststation.in/dream11-other-egaming-companies-face-potential-tax-bouncer-on-gst/
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MCA UPDATE

1) eForm MSME (Form for furnishing half yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprises) will be available on MCA21 Company Forms Download page w.e.f 1st May 2019.

2) Form DPT-3 is likely to be revised on MCA21 Company Forms Download page w.e.f 1st May, 2019.

Stakeholders are advised to check the latest version before filing.
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Housing sales down 5% in Jan-Mar 2019 on changes in GST rates:

READ MORE- https://www.gststation.in/housing-sales-down-5-in-jan-mar-2019-on-changes-in-gst-rates-rules-proptiger/
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Restaurants, small B2C entities under scanner for GST evasion:

READ MORE- https://www.gststation.in/restaurants-small-b2c-entities-under-scanner-for-gst-evasion/
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Analysis of High Court of Delhi Judgement in Prakash Gupta vs. SEBI

Compounding at the initial stage has to be encouraged, but not at the final stage since it will not be in the interest of justice to discharge the accused without the consent of SEBI as it will defeat the objective of the SEBI Act.

Read full case analysis at : https://dasgovernance.com/2019/04/30/analysis-of-high-court-of-delhi-judgement-in-prakash-gupta-vs-sebi/

30 April 2019 News

30th April 2K19

Economic Times

Ø  PSBs’ merger: PNB, Union Bank & BoI may get a call
Ø  Companies face queries over input tax credit claims
Ø  IDBI seeks nod to extend Jaypee resolution deadline
Ø  Tribunal adjourns SBI's case against Ruias till May 15
Ø  Some employees want to bid for Jet, write to SBI

Business Standard

Ø  Macquarie double-downgrades YES Bank, cuts target price by 40%
Ø  Debt-ridden Reliance Capital ready to cede control in home finance
Ø  Foreign retail investors, NRIs allowed to invest in GIFT City bourses
Ø  India notifies pact with US for exchange of reports on tax evasion by MNCs
Ø  PNB takes Tarapur Textiles Park to DRT for $13-million loan default
Ø  Volkswagen India to merge 3 companies to save cost and boost sales

Business Line

Ø  US sanctions on Iran, rise in crude oil prices stoke inflation fears
Ø  Garden Reach bags ₹6,311-cr order to build 8 ASW water craft
Ø  Petronet plans floating LNG terminal off Andaman Islands
Ø  Aurobindo Pharma gets eco nod for AP plant expansion
Ø  IBBI gives defaulting promoters a last chance
Ø  Wipro Consumer Care acquires Splash Corp of the Philippines
Ø  HDFC Life outperforms peers, SBI Life gives tough fight on valuations

Mint

Ø  Interest earned on EPF balance post retirement is taxable
Ø  Bank of Maharashtra returns to profitability on better asset quality
Ø  Jan-Mar PE investment deal value touches $8,451 mn: report
Ø  Vijay Mallya repeats offer of 100% payback for Indian banks
Ø  Zomato to invest around ₹56 crore to set up 20 more warehouses

Financial Express

Ø  Despite challenges, steel industry fares well in FY 19
Ø  TDSAT reserves order on Bharti plea against DoT demand
Ø  ONGC readies investment plan for Kutch offshore
Ø  Vistara to lease six of Jet Airways’ grounded Boeing aircraft

Deccan Chronicle

Ø  FRP default: Maharashtra likely to issue notices to nine sugar mills
Ø  US consumer spending roars back
Ø  Oil falls after Trump-OPEC plan to offset Iran sanctions
Ø  India notifies pact with US to check tax evasion by MNCs
Ø  India, Peru to hold next round of FTA negotiations in August
Ø  Housing sales down 5 per cent in Q4

Saturday, 27 April 2019

27 April 2019 Updates 📝 [REIT/Invit Subscription , IGST Utilisation)

👉🏻Composition scheme biz to now file simplified self-Assessed GST return quarterly
(Giving relief to composition scheme taxpayers under the GST, the finance ministry has allowed such businesses to file 'self-assessed tax' return on quarterly basis in a simplified form)
👇🏻 👇🏻 👇🏻
http://bit.ly/2W7TOrM

Bombay High Court has directed the CBDT to put a halt on its policy of rewarding Commissioner Income Tax (Appeals) to enhance assessments and levy penalty. The petitioners, Chamber of Tax Consultants, had approached the court challenging the CBDT’s direction in Central Action Plan of offering incentives.

Income tax return forms being notified with additional disclosure requirements, CBDT) has issued a notification on April 12, 2019 (effective May 12, 2019) amending the Form 16 (TDS certificate for salary income) and the format of quarterly TDS return. In the new format of Form 16, there is a specific column for reporting total amount of salary received from other employers, which was not a part of the old Form 16. For allowances exempt under Section 10 of the Income Tax Act as well as for various eligible deductions, specific line item has been provided to capture different allowances/ deductions separately, rather than as a consolidated amount for certain deductions in the previous format.

Telangana high court has rejected a writ petition challenging the imposition of interest on total GST liability including ITC. The GST Council had at its 31st meeting on December 22 recommended that interest should be charged only on the net liability of a taxpayer, after taking into account the admissible input tax credit (ITCNSE 0.56 %).

MCA has extended the deadline for ACTIVE -22A uploading photos of business premises to June 15, 2019 giving corporates more time to comply with a provision aimed at spotting shell companies.

Sebi has reduced the minimum subscription requirement as well as defined trading lots for Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs). REITs have to offer their units in lots worth at least Rs 50,000 in initial and follow on public offers. The minimum value of a single lot should be Rs 1 lakh in the case of InvITs.

RBI set a premium of 8.38 rupees at the three-year buy-sell swap auction and accepted the entire planned $5 billion up on offer.

👉🏻RBI permits Foreign Portfolio Investors to invest in municipal bonds
(FPI investment in municipal bonds shall be reckoned within the limits set for FPI investment in State Development Loans (SDLs)
👇🏻 👇🏻 👇🏻
http://bit.ly/2GHSoPd

👉🏻MCA ready to strike against IL&FS tainted Deloitte
(MCA has taken an aggressive view over malpractices by Deloitte over the last decade which have led to papering over the large cracks in its finances)
👇🏻 👇🏻 👇🏻
http://bit.ly/2GGneHW

👉🏻Businesses can apply for revoking cancellation of GST registration by July 22 - CBIC
(CBIC said it is providing a "one-time opportunity" to apply for revocation of cancellation of GST registration by July 22, 2019, for the those entities for whom cancellation order has been passed up to March 31, 2019)
👇🏻 👇🏻 👇🏻
http://bit.ly/2XKYiVo

👉With the Commerce and Industry Ministry taking steps to support Budding Entrepreneurs, as many as 342 Startups have received intimation regarding exemption from Angel Tax since February

👉RBI gives its Approval to go-ahead for Electronic Mandates through both Debit Cards as well as Net-Banking in lieu of the earlier Aadhaar Based Authentication, paving the way for Banks and Fintech Companies to Auto-Debit Recurring Payments such as for Home Loans and Mutual Funds. The National Payments Corporation of India (NPCI) received the final approval from the RBI and the retail payments body has asked banks to implement both the e-mandate measures by June 30.

👉RBI may revisit its policies to attract more Foreign Capital and restrict drainage of it to Overseas Markets, a move which will act as supplying oxygen to a capital-starved country. This may also address the sharp volatility of rupee in currency market.

ICSI cannot charge Fee for providing Copies of Revaluation Papers applied through RTI: Supreme Court [Read Judgment]
Read more at: https://www.taxscan.in/icsi-fee-revaluation-rti-supreme-court/35335/

Assessment u/s 153C of the Income Tax Act on non-recording of reasons & unsigned order sheet invalid. Sri Sesha Sai Township P. Ltd. Vs ACIT (ITAT Visakhapatnam).

CBIC has now clarified that the IGST credit can be used in payment of CGST or SGST in any order or proportion. Businesses that have accumulated Integrated GST (IGST) credit in their books can settle it against central and state tax dues in any proportion, the revenue department has said.

RBI is working on revising the framework for resolution of stressed assets, including providing additional 60 days to borrowers to repay dues, as part of efforts to mitigate hardships faced by genuine businesses. Against the backdrop of the Supreme Court quashing an RBI circular, issued on February 12, 2018, a revised set of rules is under works and would be released soon.

RBI committee may recommend that all government payments to citizens should be made digitally, one person aware of the matter said, requesting anonymity. The move seeks to ensure higher adoption of digital payments among the masses.

MCA has issued Advisory on the MCA portal w.r.t various Charge related e-Forms, RD – 1, GNL – 5 and the change which have been made and which are under progress after the notification of the Companies (Amendment) Ordinance 2019.

MCA ACTIVE-22A :About 4 lakh out of a total of the country's over 11 lakh 'active' companies have so far complied with the new KYC norms mandated by the MCA. Meanwhile, the deadline for complying the new disclosure norms has been extended till June 15 from April 25 earlier.

Friday, 26 April 2019

26 April 2019 News


26th April 2K19

Economic Times

Ø  RBI to attract more foreign capital for nation-building
Ø  India's crude oil production drops 4 per cent in FY19
Ø  Jet Airways stake sale process may hit SOEC hurdle
Ø  Tata Steel reports Q4 profit of Rs 2,431 crore
Ø  NBCC sweetens bid for Jaypee Infra, offers land parcels
Ø  Bank credit grows by 14.19%, deposits 10.60%: RBI data

Business Standard

Ø  Tata Steel board approves merger of Bamnipal Steel & Tata Steel BSL
Ø  RBI deputy governor B P Kanungo bats for capital account liberalisation
Ø  Maruti signals tough road, gives weakest growth forecast in the past 5 yrs
Ø  Major lapses in Deloitte audit of IL&FS Financial Services, says SFIO
Ø  Insolvency process: NCLT asks bank officials to appear in Sterling SEZ
Ø  Ruchi Soya case: Lenders to meet on Friday to consider Patanjali's offer

Business Line

Ø  US official insists on zero oil imports from Iran
Ø  ‘High fuel prices may have led to a slowdown in auto sales’
Ø  India sets a record foodgrains target of 291 million tonnes
Ø  Wendt (India)’s PAT up 10% in FY19
Ø  Hind Copper approves raising up to Rs 1,400 cr through QIP
Ø  Glenmark gets nod to market nasal spray as OTC product in Russia

Mint

Ø  Microsoft edges toward $1 trillion valuation on results beat
Ø  Sebi move opens up REITs and InVITs to retail investors
Ø  Axis Bank has fixed its big bad loans but small loan risks are rising
Ø  Nirav Modi to appear for remand hearing via videolink from jail on Friday
Ø  UAE's largest sewage treatment plant built by L&T inaugurated

Financial Express

Ø  PE/VC investments in March at all-time high of $7 billion: EY report
Ø  Quikr buys Sequoia-backed online marketplace Zefo
Ø  IFC looks to provide $43.3 million debt financing to Hero Future Energies for solar farm business
Ø  Shriram City Union Finance net profit grows tenfold
Ø  Scheme for Non-PPA units: States show interest in 1,400 MW of power

Deccan Chronicle

Ø  Stressed assets resolution: RBI mulls giving 60 days additional time for repayments
Ø  Vodafone Idea’s Rs 25,000 crore rights issue sails through
Ø  Higher tariff in auction for mid-term PPA auction positive for power producers: ICRA
Ø  Vedanta gets green nod for Rs 12,000 crore project
Ø  Rupee dives to 6-week low as crude spikes above USD 75 per barrel
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👉RBI asks Banks & Financial Institutions to disclose their exposure to the Bankrupt Infra Lender “IL&FS” in their forthcoming earnings announcements and provisions in Q4 accounts. IL&FS and its 348 group companies owe over Rs 94,000 crore, of which over Rs 54,000 crore are owed to banks.

👉RBI is likely to lower the Approval Threshold in its revised circular for Resolving Stressed Assets to 66% of lenders by value from the current level of 100%. RBI is also likely to detail the mechanism for the buyout of exposure from banks that is not in compliance with the majority of the lenders on the Resolution Plan, Third-Party Security and Additional Funding

👉RBI sells Entire Stake in NHB & NABARD to Govt. for ₹ 1,470 cr. in total. With this, the Government now holds 100% stake in both these Financial Institutions. The transactions were completed on February 26 (Nabard) and March 19 (NHB).

👉RBI Committee may recommend that all Government Payments & Public Payments to citizens should be made digitally. The move seeks to ensure higher adoption of digital payments among the masses. The RBI panel on digitization is also likely to press for encouraging citizens to pay income tax and challans digitally

👉MCA Extends Due date of filing form INC 22A (ACTIVE Form) till 15th June 2019, giving corporates more time to comply with a provision aimed at spotting shell companies.

👉NSE excludes F&O contracts on Suzlon, PCJ, Jet Airways and 31 other securities from June 28. Accordingly, no contracts shall be available for trading in the above mentioned security with effect from June 28

Thursday, 25 April 2019

25 April 2019 News

Financial News on 25 April, 2019

Economic Times

Ø Disclose exposure to IL&FS, RBI tells Banks

Ø RBI sells entire stake in NHB, Nabard to Govt

Ø FinMin may raise cap on 59-minute loans to Rs 3-5 Cr

Ø CBI's Look Out Circulars against Bhushan steel boss

Ø ISB to set up repository to store all public data

Ø Companies get more time to submit newly introduced ACTIVE form

Ø  IPCA Labs inks pact to acquire Ramdev Chem for Rs 108.5 Cr

Business Standard

Ø RBI may allow 66% lenders' approval for resolution of stressed assets

Ø IndiGo, Tatas protest Govt's basis for allotting Jet Airways slots

Ø SEBI bars cash-strapped Hotel Leelaventure from asset sale to Brookfield

Ø SFIO quizzes Deloitte ex-CEO over alleged audit lapses in books of IL&FS

Ø No change in Bharti Infratel's Q4 net amid merger with Indus Towers

Ø ONGC arm delays plan to invest in Iran gas field after US sanctions

Business Line

Ø Jalan panel on RBI’s capital size to submit report by June

Ø Approach SBI, Jet tells UK entrepreneur who evinced interest in buying the airline

Ø Data on jobs, GDP being analysed with a new set of proxies: CEA

Ø Govt procures 55.17 lakh tons of wheat so far this year

Ø Forensic auditors indicate IGIDR used data shared by MCX to develop an ‘algo-trading strategy’

Ø  VRS package may save Rs 1,080 Cr in Annual Salary tab: MTNL chief

Mint

Ø Voda Idea rights issue receives bids for 1109 crore shares: NSE data

Ø Nasdaq hits record, S&P nears all-time high on upbeat earnings

Ø Delhi HC allows Alembic, Natco to export Bayer drug for specific purposes

Ø SBI gets board approval to raise up to $2.5 Billion in bonds

Ø After Lee Fixel exit, Tiger Global prowls for B2B startup deals in India

Ø Jet Airways says will validate refund claims in 45 days

Financial Express

Ø Ericsson moves Supreme Court against returning Rs 580 crore to Anil Ambani’s RCom

Ø  UltraTech Cement Q4 net profit at Rs 1,014 Crore

Ø  US-based Avaya announces partnership with Standard Chartered bank

Ø  Cyberattacks to cost firms $5.2 Trillion in next 5 years: Accenture

Ø Customer complaints against banks surge 25% to 1.63 lakh in FY18

Deccan Chronicle

Ø Office space worth $35 bn can be listed under REIT: JLL India

Ø  RBI too joins global peers in raising Gold Bullion Reserves

Ø  Non-filers of GST returns to be barred from generating e-way bills from June 21

Ø  Rupee falls by 24 paise on strong dollar demand

Ø Sensex rallies 490 points; Nifty reclaims 11,700-mark

Ø  Self-assessed GST return permitted

25 April 2019 Updates 📝 [Active extended]

👉LIC Mutual Fund seeks SEBI's Approval to launch LIC Overnight Fund, an Open-Ended Debt Scheme investing in Overnight Securities. The scheme will deploy its entire assets in overnight securities, which includes debt and money market instruments with residual maturity of a single business day.

👉NCLT rejects Arcelor-Mittal India’s plea to set aside the resolution plan submitted by Royale Partners Investment Fund (RPIF) for EPC Construction India (EPIL), formerly Essar Projects India. The lenders of EPC Construction India have approved RPIF’s revival plans with 73% voting.

👉NCLAT states in an order recently that the IBBI will be the Competent Authority and not the NCLT to act against any Resolution Professional (RP) for dereliction of duty. This will encourage professionals who find huge career opportunity in this new-age profession that plays a crucial role in the fight against bad loans.

👉Forensic audit of over 200 companies facing Corporate Insolvency Resolution Action under the Insolvency and Bankruptcy Code (IBC) has revealed irregularities of more than Rs 1 Lakh Crore, including possible diversion of funds. The Ministry of Corporate Affairs (MCA), which is responsible for implementation of IBC, is expected to initiate action against the Promoters, Directors and even Auditors in some cases

👉IBC is in the process of being changed to be effective from the next fiscal to accomodate the Fast Changing Creditor-Debtor Scenario, according to the IBBI. IBBI invites comments from stakeholders and the public on making changes to the current regulations notified under the IBC, 2016.

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GST: Government or state banks – who is to blame for India’s slowdown?

READ MORE- https://www.gststation.in/gst-government-or-state-banks-who-is-to-blame-for-indias-slowdown/
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Punjab: Assistant commissioner GST caught taking bribe by Vigilance Bureau:

READ MORE- https://www.gststation.in/punjab-assistant-commissioner-gst-caught-taking-bribe-by-vigilance-bureau/
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P&G profiteered Rs 250 cr from GST rate cuts, says DGAP report:

READ MORE- https://www.gststation.in/pg-profiteered-rs-250-cr-from-gst-rate-cuts-says-dgap-report/
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IBC UPDATES

1.  NCLT held that demand notice being undated is not valid notice and hence the petition u/s 9 is dismissed.
M/s MG Electricals v. Power deal Energy System (India) P. Ltd. Decided on 29.03.2019 [2281/IBC/NCLT/MAH/2018]

2.   NCLT held that though subsidiary company has provided security for loan taken by its holding company the Lender can not be termed as Financial Creditor of subsidiary compnay.
Phoenix ARC P. Ltd. [1752/IBC/NCLT/MB/MAH/2017]
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Press Release regarding examination for GST Practitioners on 14.06.2019:

READ MORE- https://www.gststation.in/press-release-regarding-examination-for-gst-practitioners-on-14-06-2019/
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GST rate cuts now benefits consumers more than before: Survey:

READ MORE- https://www.gststation.in/new-gst-rates-will-benefit-builders-more-than-old-ones/
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CBIC has released a new functionalities on GST Website:

READ MORE- https://www.gststation.in/cbic-has-released-a-new-functionalities-on-gst-website/
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Discussion Outcome held two days bacm at NIRC on FORM INC-22A:

1) Date extended

2) In case GNL 2 relief will given to those who filed GNL 2 Form In-between 1 April, 2014 to 20th October 2014.
Thearafter filed GNL 2 will not consider and they have to file immediate effect, No Wait for MCA CLARFICATION. you have to file ADT 1 WITH ADDITIONAL FEE.

3) IN case STK-2 filing if company status showing Active , please file INC22A FORM.
IN case liquidation/amalgamation INC22A need not required to file.

4) Govt Cos under section 139/139(5) if ADT 1 not filed, need to intimation ROC and file ADT 1 WITH ADDITIONAL FEE, There is no exemption for Govt Companies.

5) No updation through ACTIVE Form ( like details of Company ) However the *Email I'd* of the only information that can be edited while filing the form

6) LLP or Foreign Company having Branch office(In India)  is not required to file ACTIVE Form.

7) it is advisible to creat a separate email I'd of the company.

8) Two pics: one out side of permise and another inside of permise of the Reg. Office.

9) One time Compliance for all Companies incorporated on or before 31st December 2017.

10) for the purpose of Address of Reg. Office follow the provision of Section 12 of Companies Act 2013.

11) All STP FORM (Inculding ACTIVE FORM) If filled wrongly , Go to conern Roc make application "mark as defective form", If conern ROC agree...will make that form defective..then file a NEW FORM.

12) if Shifting of Reg. office in WIP AND R.D. Approval awaited and company status showing Active  then we have to file ACTIVE FORM.
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👉The Bombay High Court has set aside that portion of CBDT’s Action Plan that sought To Incentivise Commissioners of Income Tax-Appeals (CITs-A) who pass ‘Quality’ Orders, which could be detrimental to taxpayers.

👉The Income Tax department detects a Tax Evasion of more than Rs 1,350 Crore during Search and Seizure Operations conducted against Hindustan Powerprojects, a company owned by the nephew of Madhya Pradesh Congress Chief Minister Kamal Nath.

👉With the CBDT setting June 30 as the deadline to Dispose Off Demonetisation Cases, the Income Tax Officials are scanning upon 50,000 Businesses and High Net-Worth Individuals (HNI) over High-Value Unexplained & Dubious Transactions during the demonetization period, for further action.

👉BSE enters into a Memorandum of Understanding (MoU) with Network Intelligence, a Global Cybersecurity Services Provider & CERT-IN empanelled vendor to provide Cyber-Security Services to its members in line with the Cybersecurity Framework set by SEBI.

👉The Chennai Bench of the NCLT imposes a fine on CaratLane Trading Pvt Ltd, a Tata Group company and subsidiary of Titan, its Managing Director and Company Secretary, for not constituting a Nomination & Remuneration Committee in 2016 — as mandated under Section 178 of the Companies Act, 2013 — when the company’s turnover had crossed ₹100 crore.

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GST investigation arm finds P&G India guilty of profiteering Rs 250 crore:

READ MORE- https://www.gststation.in/gst-investigation-arm-finds-pg-india-guilty-of-profiteering-rs-250-crore/
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With GST impact withering away, Surat textile traders are cautiously optimistic:

READ MORE- https://www.gststation.in/with-gst-impact-withering-away-surat-textile-traders-are-cautiously-optimistic/
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ITC ON MOTOR VEHICLE CREDIT

Background

Input tax credit can be availed on the goods/services used in course of business of making taxable supplies of goods/services or exports. The credit can be availed subject to list of blocked credit. ITC pertaining to motor vehicles is restricted in few cases. From the time of introduction of GST, there has been confusion on eligibility of credit on motor vehicles. This has led to non-availment of eligible credit in several instances by assesses.

There has also been a recent advance ruling in case of YKK India Private Limited (2019 (2) TMI 1081) [Authority for Advance Ruling, Haryana] which has held that the credit on rent/hire of buses/cars cannot be availed.

In this backdrop, the paper writer has examined the eligibility to credit related to vehicles, both prior to and post amendment in the list of restricted credit as well as important issues in this context.

Availment of credit related to motor vehicles

ITC on Motor vehicles from July 2017 to Jan 2019:

ITC of the tax paid on the motor vehicles was blocked and should not be availed by a registered person. Such ITC could be availed by a person if the motor vehicles are used for-

a. further supply of such vehicles;
b. transportation of passengers;
c. imparting training on driving, flying, navigating such vehicles;
d. For transport of goods

ITC on Motor vehicles purchased post Feb 2019: The eligibility of ITC depends on the approved seating capacity of the motor vehicle, as under:

a. Approved seating capacity, not more than thirteen, including the driver: ITC is blocked/ ineligible. However, ITC of motor vehicles would be availed only if it is used for making the following taxable supplies:

i. Further supply of such motor vehicles, or
ii. Transportation of passengers, or
iii. Imparting training on driving such motor vehicles

b. Approved seating capacity, more than thirteen, including the driver: No restriction and can avail credit.

Credit on motor vehicles used for transport of goods from July 2017 onwards

There is no restriction on availment of credit on vehicles used in course of business, for transport of goods from July 2017 onwards as well as post amendment in Feb 2019.

Example: When a truck belongs to a company engaged in business of supplying taxable goods. Truck is used to transport raw materials to factory premises/send finished goods to customer, whereby the truck ITC can be availed. Similarly, when the materials are transported to site in truck by contractor supplying taxable construction services. ITC is available on truck.

The person engaged in such transportation using motor vehicle, may have to take care that he cannot avail credit if he pays GST at concessional rate under notification where there is restriction to avail credit or the recipient pays under reverse charge[RCM]-such as GTA[where transporter of goods by road is done and vendor issues consignment note/bilti and recipient registered person pays freight and GST under RCM]

Credit on motor vehicle insurance, repairs: For period till Jan 2019

Section 17(5) of CGST Act restricts ITC 'in respect of' motor vehicles. The term 'in respect of' is usually treated as similar to 'in relation to'. This is a broad term and it is expansive. In the case of UOI vs. Vijay Chand Jain AIR 1977 SC 1302, it was held by the Supreme Court that the words 'in respect of' is of a wide connotation.

The said entry may cover expenses relating to repair, insurance and maintenance of motor vehicles and ITC on such services could be availed only in the same circumstance as applicable to the motor vehicles.[given below]-

Such ITC could be available, only if the motor vehicles are used for-

a. further supply of such vehicles or conveyances;
b. transportation of passengers;
c. imparting training on driving, flying, navigating such vehicles or conveyances;

Credit on motor vehicle insurance, repairs: Post Feb 2019

Credit on general insurance/repairs/maintenance in respect of such motor vehicles[with seating capacity of 13[including driver] is available as follows:

- When used for specified purposes - onward supply of vehicle/supply of transport of passengers/ training services on motor vehicle driving

- Allowed for manufacturer of Motor Vehicle/vessel/aircraft + to supplier of general insurance services-of Motor Vehicle/vessel/aircraft insured by him

For motor vehicle with approved seating capacity of more than 13 persons, no restrictions on availing vehicle related credit, say on insurance, repairs.

ITC on renting of motor vehicles for period from 1.7.2017 to Jan 2019

There was specific restriction on the ITC of the rent-a-cab services and it could be availed only if such services are used for-

a. making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply; or

b. Govt notifies the services which are obligatory for an employer to provide to its employees under any law for the time being in force.

The paper writer has examined what is meant by 'rent', 'motor cab' and 'rent-a-cab'.

Meaning of Rent: The term rent is not defined under GST. Random House Websters Unabridged Dictionary sets out what is meant by 'rent' as:

Rent is usually applied to paying a set sum once or at regular intervals for the use of a dwelling, room, personal effects, an automobile.

The term ‘rent-a-cab' and ‘motor cab' is not defined under GST. However, the term 'motor vehicle' has been defined in GST to have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988. Taking cue from same, accordingly we could refer said Motor Vehicles Act, to understand what is meant by 'cab' under GST, for which we see definition of ‘motor cab', ‘maxi cab' in Motor Vehicles Act, 1988

Motor cab in the Motor Vehicles Act, 1988 is defined therein to mean, any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward...

Maxi cab in the Motor Vehicles Act, 1988: It is defined to mean any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver for hire or reward.

However Section 65(20) of the erstwhile Service Act, 1994 defined 'cab' to mean a motor cab, a maxi cab, or any motor vehicle constructed or adapted to carry more than twelve passengers, excluding the driver, for hire or reward.

From the reading of the above definition, provided in erstwhile Service Act [prior to 1.7.2012], cab could cover motor cab/maxi cab/any motor vehicle constructed or adapted to carry more than twelve passengers excluding the driver.

The department may take a view that 'cab' covers motor cab and maxi cab/any motor vehicle to carry more than 12 passengers excluding driver. Therefore, it could dispute and seek to deny the ITC pertaining to renting of the maxi cabs/buses also. Such a view arrived at by relying on definition given under erstwhile Service Tax law may not be correct .

Rent-a-cab under Motor Vehicles Act, 1988: On going to Motor Vehicles Act, 1988 it does not define the term ‘rent-a-cab'. The concept of rent-a-cab is originating from ‘rent-a-cab' scheme, 1989 framed u/s 75 of Motor Vehicles Act, 1988. On referring to the said section or scheme it only refers to motor cab or motor cycle and not other motor vehicles. Therefore, the restriction of credit in the said provision may be said to be limited to motor cabs [constructed or adapted to carry not more than six passengers excluding the driver] and not other motor vehicles.

If such stance were taken then credit would be restricted on renting of only motor cabs to carry not more than 6 passengers[excluding driver].

If call was taken to avail credit on renting of motor vehicle to carry more than 6 passengers[excluding driver] avail such credit under intimation to dept by RPAD letter and seek confirmation to ensure that there are no demands to reverse/pay back such credit availed along with interest at 24%. We caution dept may further dispute such credit, when for employee pick and drop, by alleging it is for personal use of employees.

ITC on renting motor vehicles for period from Feb 2019

ITC on renting or hiring of motor vehicles with capacity of 13 persons[including driver] for transport of persons is available as follows:

• When used for the purpose specified- onward supply of vehicle/supply of transport of passengers/ training services of motor vehicle driving

• Where inward supply of such service is used by the registered person for making an outward taxable supply of same category of goods or services/ or as an element of a taxable composite or mixed supply

• Where it is obligatory for an employer to provide such services to its employees under any law for time being in force

Credit on leasing of motor vehicles for period till Jan 2019

Meaning of Lease: The term lease is not defined in CGST Act, 2017. According to P Ramanatha Aiyer's Advanced Law Lexicon the term 'lease' means any agreement or arrangement whereby the right to use any goods for any purpose is transferred by one person to another whether or not for specified period for cash, deferred payment or other valuable consideration without the transfer of ownership and includes a sub–lease but does not include any transfer on hire purchase or any system of payment by installments.

The terms renting and leasing of motor vehicles are different and only ITC of the renting of motor cab is restricted under GST. However, the ITC on leasing services of motor vehicle is not restricted under GST.

Credit on leasing of motor vehicles for period from Feb 2019 onwards

ITC on leasing, renting or hiring of such motor vehicles with capacity of 13 persons[including driver] for transport of persons is available as follows:

• When used for the purpose specified- onward supply of vehicle/supply of transport of passengers/ training services of motor vehicle driving

• Where inward supply of such service is used by the registered person for making an outward taxable supply of same category of goods or services/ or as an element of a taxable composite or mixed supply

• Where it is obligatory for an employer to provide such services to its employees under any law for time being in force

The leasing services of motor vehicle, with capacity more than 13 persons[including driver] for transport of persons is available and is not restricted under GST.

Note:

It maybe noted that when person is engaged in making taxable supply of transport of passengers by any motor vehicles on which output GST was paid at 5%, ITC on goods and services used for such outward supply could not be availed from July 2017 to 13th Oct 2017[refer notification no.11/2017-CT(rate)] and thereafter can avail credit on input services of a vendor who is in same line of business.

Recent advance ruling under GST

In Re: M/S. YKK India Private Limited (2019 (2) TMI 1081) [Authority for Advance Ruling, Haryana]GST was charged by the Contractor for hiring of buses for transportation of employees. GST charged by the Contractor for hiring of cars for transportation of employees.

Question raised was on eligibility to such credit.

Held that:-

• Where any commercial vehicle is hired for transportation of passengers, it would be squarely covered by the phrase 'rent-a-cab' In other words, any person who provides motor vehicle designed to carry ‘passengers', on rent, would be included.

• This also implies that it includes renting of motor cars, motor cabs, maxi cabs, mini buses, buses and all other motor vehicles which are designed to carry passengers, irrespective of their capacity to carry passengers.

• The contentions of the applicant that hiring of buses which can carry large number of passengers would not qualify under 'rent-a-cab' is found to be untenable and the activity of the contractor in the instant case, providing buses or cars on hire to the applicant, is specifically covered under the meaning of 'rent-a-cab', which makes the supply as ineligible for ITC in terms of Section 17(5) of the CGST/HGST Act, 2017.

• The applicant is not eligible for input tax credit of GST charged by the Contractor for hiring of buses/cars for transportation of employees.

Comments:

This ruling is based on the list of restricted credit in GST as it stood prior to amendment in Feb 2019. Further this ruling is based on definition of rent a cab under erstwhile ST law as it stood till 30.6.2012 and not applicable thereafter under GST. In paper writers view, further the AAR may not be legally valid as in common understanding, thebusesare not considered as cab

Conclusion

It is suggested to examine the vehicle related credit and if found eligible can proceed to avail same, under intimation to dept by RPAD letter and seek confirmation to ensure that there are no demands to reverse/pay back such credit availed along with interest at 24%. It maybe noted that the missed out credit related to 2017-18 maybe availed before the filing of GSTR 3B returns for March 2019. This last chance maybe taken to ensure that all eligible credit of 2017-18 is availed.
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Gang of GST frauds busted, five arrested:

READ MORE- https://www.gststation.in/gang-of-gst-frauds-busted-five-arrested/
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CL: Where during investigation by SFIO it was found that company and its directors committed serious violations of Act, existing management of company would cease and Government nominated directors were to be appointed to manage affairs of company
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Irregularities found in companies under IBC:

Forensic audit of over 200 companies facing corporate insolvency resolution action under the Insolvency and Bankruptcy Code (IBC) has revealed irregularities of more than Rs 1 lakh crore, including possible diversion of funds. The ministry of corporate affairs, which is responsible for implementation of IBC, is expected to initiate action against the promoters, directors and even auditors in some cases, although it is stretched for manpower and resources, sources told TOI.
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Govt mulling changes in IBC to allow mediation to cut costs, time: Report

The Centre is planning to amend the Insolvency and Bankruptcy Code (IBC) to add a provision for mediation to slash the cost and time taken for the resolution of cases, Business Standard reported. This will allow the government to work out the pre-packaged resolution scheme, the individual bankruptcy scheme and the use of artificial intelligence. After a case is admitted to the National Company Law Tribunal (NCLT), it has to be solved within 180 days, which can be extended by another 90 days. These timelines are not followed strictly. For example, the Essar Steel resolution is still unfinished even though it has been nearly 600 days since the case's admission.
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New Enhancements in E-Way Bill System dated April 23, 2019

Following are the enhancements in E-Way Bill System:

1.Auto calculation of distance based on PIN Codes for generation of e-Way Bill: The e-Way bill system has enhanced with auto calculation of distance between the source and destination, based on the PIN Codes. The e-waybill system will calculate and display the estimated motorable distance between the supplier and recipient addresses.

2.Knowing the distance between two PIN codes: Route distance calculation between source and destination uses the data from various electronic sources.

3.Blocking the generation of multiple E-Way Bills on one Invoice/Document: If the e-way Bill is generated once with a particular invoice number, then none of the parties – consignor, consignee or transporter, can generate the e-Way Bill with the same invoice number.

4.Extension of E-Way Bill in case the consignment is in Transit/Movement: The transporters had proposed to incorporate the provision to extend the e-way Bill, when the goods are in Transit/Movement.

5.Report on list of E-Way Bills about to expire: Taxpayers or transporters can now view the list of e-Way Bills about to expire in a period of 4 days [From current date (T) then (T)-1, (T)+1, (T)+2]. They can keep track of expiry dates for each of the consignments generated.
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GST Notifications

👉🏻Central Goods and Services Tax (Third Amendment) Rules, 2019.
(Notification No. 20/2019–Central Tax)
http://bit.ly/2vldbBE

👉🏻Tax payment & GST Return Filing by 6% Composition Scheme dealers.
(Notification No. 21/2019–Central Tax)
http://bit.ly/2GBrlDU

👉🏻Restriction on furnishing of info in PART A of GST EWB-01 WEF 21.06.2019.
(Notification No. 22/2019–Central Tax)
http://bit.ly/2Dv4Zn0

GST Circulars

👉🏻CBIC clarifies manner of utilization of GST input tax credit.
(Circular No. 98/17/2019-GST)
http://bit.ly/2ITrSUK

👉🏻Opportunity to apply for revocation of cancellation of GST registration.
(Circular No. 99/18/2019-GST)
http://bit.ly/2IZnNOX

GST Order

👉🏻Time limit for revocation of cancellation of GST registration extended.
(Order No. 5/2019-GST)
http://bit.ly/2ICCZ52

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GST: Amazon India charts out B2B plan to take on global rival Alibaba:

READ MORE- https://www.gststation.in/gst-amazon-india-charts-out-b2b-plan-to-take-on-global-rival-alibaba/
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👉CBIC issues Notification No. 22 /2019 – Central Tax dated 23rd April, 2019 which seeks to notify the provisions of rule 138E of the CGST Rules w.e.f 21st June, 2019. As per rule 138E of the CGST Rules any tax payer paying tax under Composition Scheme or a Normal Tax Payer, who has not furnished the returns for a consecutive period of 2 months will not be able to generate E-Way Bill.

👉CBIC vide Circular No. 99/18/2019-GST clarifies that where the registration has been cancelled with retrospective effect, the common portal does not allow furnishing of returns after the effective date of cancellation. In such cases it was not possible to file the application for revocation of cancellation of registration.

👉CBIC recently clarifies various issues on GST Input Tax Credit Set off Rules vide Circular No. 98/17/2019-GST. The Circular has clarified that IGST Credit will be first used to offset IGST Liability and thereafter it can be used to offset CGST and SGST/UGST liability in and order and in any proportion.

👉RBI in exercise of powers conferred on it under Section 45 -IA (6) of the Reserve Bank of India Act, 1934, has cancelled the Certificate of Registration 24 NBFCs

👉SEBI reduces the Minimum Subscription Requirement as well as Defined Trading Lots For Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InvITs). REITs have to offer their units in lots worth at least Rs 50,000 in initial and follow on public offers. The minimum value of a single lot should be Rs 1 lakh in the case of InvITs.

👉Further addressing the liquidity concerns in the country, the RBI informs that it will buy Government Securities worth Rs 25,000 Crore next month in May, through two auctions of Rs 12,500 crore each. Open market operations (OMOs) are conducted by the RBI by sale or purchase of Government Securities (G-Secs) to regulate Money Supply in the market.

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Businesses must pay interest on entire tax liability: Telangana HC:

READ MORE- https://www.gststation.in/businesses-must-pay-interest-on-entire-tax-liability-telangana-hc/
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Bizmen demand relief in high GST, panel to solve issues:

*READ MORE-* https://www.gststation.in/bizmen-demand-relief-in-high-gst-panel-to-solve-issues/
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GST Council recalls rule that raised tax outgo of large companies:

READ MORE- https://www.gststation.in/gst-council-recalls-rule-that-raised-tax-outgo-of-large-companies/
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Non-filers of GST returns for 2 months to be barred from generating e-way bills from June 21:

READ MORE- https://www.gststation.in/non-filers-of-gst-returns-for-2-months-to-be-barred-from-generating-e-way-bills-from-june-21/
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Companies get time till June 15 to submit ACTIVE form 22A
Kindly note that👇🏻👇🏻

A non-compliant company would not be able to amend its capital structure or carry out any merger or amalgamation.

https://www.google.com/amp/s/m.economictimes.com/news/company/corporate-trends/companies-get-time-till-june-15-to-submit-active-form/amp_articleshow/69031617.cms

Sunday, 21 April 2019

21 April 2019 Updates 📝[3B Date extended, ITR Scrutiny]

Analysis of NCLT Judgement in Andhra Bank vs. Sterling Biotech Ltd.

Resolution Professional was entitled to hold the meetings and take a decision on CIRP within the statutory period and after the expiry of 270 days, any such decision cannot be taken by the Resolution Professional.

Read full case analysis at : https://dasgovernance.com/2019/04/19/analysis-of-nclt-judgement-in-andhra-bank-vs-sterling-biotech-ltd/
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MCA Update :

Forms to be filled for this year:

# Initial MSME 1 : within 30 days from date of availability of form on MCA portal

# One time DPT 3 : within 90days from date of notifications i.e 20th April 2019

# E form Active ( INC 22A) : on or before 25the April 2019

# DIN 3KYC : on or before 30th April 2019

# MSME 1 (1st half) : on or before 30th April 2019

#Annual DPT 3 : on or before 30th June 2019

# Annual Filling AOC 4: on or before 30th October 2019

# MSME 1 (2nd half) : on or before 30th October 2019

#Annual Return MGT 7: on or before 29th November 2019
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Notice to Samsung for not passing GST cut benefit to consumers:

READ MORE- https://www.gststation.in/notice-to-samsung-for-not-passing-gst-cut-benefit-to-consumers/
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CBDT has notified changes in Form 16, the certificate issued by employers for tax deducted at source (TDS) for salaried employees, seeking disclosure of more details, especially about exempt allowances.

Form 16 is a certificate issued by an employer detailing the TDS deducted with respect to payment to its employees. According to current income tax rules, every employer is required to issue the Form 16 with details of the salary paid and tax deducted at source of each of its employee. The Form 16 is usually issued by mid-June.

Tax department has sought detailed bifurcation about exemptions taken by salaried employees under Section 10 of Income-tax Act, which include leave travel allowance (LTA), life insurance, pension, gratuity, leave encashment, transport allowance and house rent allowance.

Earlier, where the disclosure of various deductions was mentioned in a consolidated manner, ranging from 80C, 80CCD, 80E, 80G would now be required to be disclosed separately

It will also include segregated information regarding deductions under various tax saving schemes, investments in tax savings instruments, different allowances received by the employee as well as income from other sources.

The Standard deduction which was introduced has to be mention separately in Form 16

The above changes will help in scrutinising income tax returns (ITRs) more precisely and plug possibility of tax leakage.

PAN of Lender Mandatory in case of Loan for House Property

The notified changes in Form 16 and Form 24Q, the quarterly TDS statement with respect to salaries, would be effective from May 12. The tax department has also made it mandatory for employer to furnish Permanent Account Number (PAN) of the lender other than a financial institution in case the employee has taken loan for house property and claimed deduction for interest paid.  Permanent Account Number of landlord shall be mandatorily furnished where the aggregate rent paid during the previous year exceeds one lakh rupees. Permanent Account Number of lender shall be mandatorily furnished where the housing loan, on which interest is paid, is taken from a person other than a Financial Institution or the Employer. Remuneration for Other Employer also need to disclose separately.

The revised Form, which has been notified by the Income Tax department, will come into effect from May 12, 2019. This means the income tax returns for financial year 2018-19 will have to be filed on the basis of revised Form 16

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HC dismisses petitions against arrest by GST officials:

READ MORE- https://www.gststation.in/hc-dismisses-petitions-against-arrest-by-gst-officials/
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👉CBDT places the report of the Committee on Profit Attribution on Online Public Domain and invites Suggestions/Comments to be furnished electronically within 30 days from the date of publication. The document can be accessed at www.incometaxindia.gov.in and comments can be sent to email address: usfttr-1@gov.in.

👉RBI proposes that Fintech Start-Ups could set up Regulatory Sandbox or Live-Testing of Innovative Products and Services in Segments such as Retail Payments, Money Transfer, Artificial Intelligence and Data Analytics in the Financial Sector

👉In the absence of general guidelines from the RBI, State Bank of India (SBI), on behalf of the Lenders’ Consortium, seeks Special Permission from the RBI for conversion of Debt into Equity in Jet Airways (India) Ltd. This comes after the Supreme Court quashed the RBI’s 12 February circular allowing such conversions in Companies with Negative Net Worth.

👉SBI plans to raise $2.5 Billion (about Rs 17,000 Crore) through Bonds to Fund Expansion of Overseas Business. The Executive Committee of the Central Board will take a decision in this regard on April 24

👉Central Government, constitutes a Tribunal to resolve the disputes relating to the ICAI Election held in December 2018

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Smaller accountancy firms want India to implement UK regulator report on big four

The CMA report called for a separate management, CEO and board for the audit practice, besides a separate bonus and compensation structure.

Non-Big Four accounting firms in India have seen their market share erode over the last two decades due to dominance of the big firms.

Mumbai: A report by UK’s competition watchdog calling for operationally splitting up the big four accountancy firms — Deloitte, PwC, EY and KPMG — could lead to some action in India too, industry trackers say.

Smaller accountancy firms in the country want Indian regulators to implement the radical proposals, such as operationally splitting the Big Four’s audit and non-audit businesses and mandatory joint audits, put forth in Competitions and Markets Authority’s report, the sources said.

Market regulators across the globe have been keenly anticipating the CMA report because it examined globally relevant contentious issues such as the oligopolistic structure of the audit market and inherent conflict of interest amongst audit and non-audit businesses of the firms.

In India, too, the Big Four firms are in the spotlight after corporate failures like IL&FS and Jet Airways. The CMA report called for a separate management, CEO and board for the audit practice, besides a separate bonus and compensation structure.

It also suggested mandatory joint audits with non-Big Four firms because the current structure of the industry heavily favoured Big Four firms and restricted choice.

The report also highlighted a need for more robust regulatory oversight of the audit committees to make them more accountable. Over the years, the audit market has consolidated from Big Eight firms to Big Four and experts feel that the market structure limits choice and is not resilient.

Implementing the Competitions and Markets Authority’s proposals will help increase choice in the market, end the Big Four oligopoly, and fix other longstanding problems, their smaller rivals said.
ADVERTISEMENT

“Indian regulators can start joint audits with Nifty 50 and then extend based on their experience,” said Vishesh Chandiok, CEO at Grant Thornton India.

“The report recommendations present an immensely progressive view of how to finally address the ‘demand side’ problems in the large audit market that will spread from the UK to other major markets and address this issue of auditor choice once and for all. It’s definitely the end of this long standing oligopoly and finally moving towards a free and transparent market,” he said.

All solutions proposed for these issues until now had stopped short of addressing how to create demand for challenger firms outside the big firms and little was done to focus on audit quality, top executives in smaller firms said. They believe supply side barriers on capability and capacity are not difficult to build if there was demand.
Non-Big Four accounting firms in India have seen their market share erode over the last two decades due to dominance of the big firms.
Experts said deeper reforms such as mandating joint audits are needed to fix quality issues. “If joint audit is being introduced, this would redefine the way audits would be delivered by audit firms,” said Milind Kothari, CEO at BDO India.

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Analysis of SAT Judgement in Jignesh Shah vs. SEBI

The proximity of time between the buy and sell orders may not be conclusive in an isolated case, however, if such trades take place over a period of time then such trades could be considered to have been executed by way of fraudulent/ manipulative exercise with prior meeting of minds.

Read full case analysis at : https://dasgovernance.com/2019/04/20/analysis-of-sat-judgement-in-jignesh-shah-vs-sebi/
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CBDT has directed the Income-Tax Department to initiate penalty proceedings by June 30 against non-filers and ‘drop filers’ of tax returns. According to the non-filer monitoring system (NMS) of the I-T department, data for 20.4 million non-filers has been obtained between 2013 and 2017, of which 2.5 million are those who are inconsistent — popularly known as ‘dropped filers’.

CBDT Committee on 'Profit Attribution to Permanent Establishment (PE) in India' said MNCs that are incurring global losses or a global profit margin of less than 2 per cent and have operations in India will be deemed to have made a profit of 2 per cent of Indian revenue or turnover and will be taxed accordingly.

All Companies which got incorporated on or before 31st Dec 2017 shall file Form ACTIVE-INC-22A on or before 25th April 2019, thereafter late fees of 10,000 shall be levied.

RBI has released a draft framework for setting up a regulatory sandbox (RS) or live testing of products or services by fintech firms. The draft framework suggested that areas that can potentially get a thrust from the RS include microfinance, innovative small savings and micro-insurance products, remittances, mobile banking and other digital payments.

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👉Hyderabad Bench of ITAT in the case of Shri Challa Ramakrishna Anantapur v. ACIT holds that u/s 45(2) stock-in-trade can be considered as transferred only in the year in which the assessee had ‘executed the sale deed transferring the stock-in-trade.

👉Telangana HC dismisses a petition seeking a direction to the Hyderabad GST Commissionerate officials not to arrest them and set aside summons issued.

👉Uttarakhand HC in the case Director of Income Tax International Taxation v. M/s. Schlumberger Asia Services Ltd. holds that the amount reimbursed to the assessee (service provider) by the ONGC (service recipient), i.e. the service tax paid earlier by the assessee to the Govt of India, would not form part of the aggregate amount referred to in clauses (a) and (b) of sub-section(2) of Section 44BB of the Income Tax Act.

👉RBI sets up an inter-regulatory WG under the chairmanship of Executive Director, Department of Banking Regulation (DBR) to look into and report on the granular aspects of FinTech, to leverage on the developments in FinTech space.

👉The Directorate General of Anti-Profiteering (DGAP) serves a notice on technology major Samsung India for allegedly not passing on the benefits of GST reduction to its customers and in turn making undue profits.

👉Muted Govt spending and high election-related spending creates a liquidity deficit of Rs 70,000 crore in the banking system, stymieing the RBI's record liquidity infusion via bond purchases and the innovative dollar-rupee swap, blunting the recent rate cut and clogging the efficacy of policy transmission. The deficit is at Rs 70,266 crore on April 16 compared to Rs 31,396 crore on April 3, data from the Bloomberg India.

👉The Indirect Tax Dept that had arrested many promoters for circular trading and escaping goods and services tax may have to rethink its strategy after the Mumbai High Court granted bail to many of them.

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GST Alert:
Due date for GSTR-3B for the month of March 2019 is extended to 23rd April 2019

Friday, 19 April 2019

19 April 2019 Updates

How people are evading GST with novel methods:

READ MORE- https://www.gststation.in/how-people-are-evading-gst-with-novel-methods/
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Processing of GST refunds delayed: Exporters:

READ MORE- https://www.gststation.in/processing-of-gst-refunds-delayed-exporters/
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Lock industry owners, workers say impact of demonetisation, GST major poll issues:

READ MORE- https://www.gststation.in/lock-industry-owners-workers-say-impact-of-demonetisation-gst-major-poll-issues/
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Realtors appeal to housing ministry to cut GST rate:

READ MORE- https://www.gststation.in/realtors-appeal-to-housing-ministry-to-cut-gst-rate/
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GST filing rules clarified; audit report format available for Rs 2 crore-plus businesses:

READ MORE- https://www.gststation.in/gst-filing-rules-clarified-audit-report-format-available-for-rs-2-crore-plus-businesses/
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ICAI - ANNOUNCEMENT - For Kind Attention of Members, Firms & Students - (16-04-2019) - https://www.icai.org/new_post.html?post_id=15570&c_id=219
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Very very important point to be kept in mind while filing GSTR-3B for the month of March 2019:

As per section 16(4) of CGST Act, 2017, the maximum time limit for claiming ITC for the relevant financial year is earliest of the following:

1. Due date of filing return under section 39 for the month of September following the end of relevant financial year; OR
2. Actual date of filing annual return for the relevant financial year.

However, as the FY 2017-18 being the first year of GST implementation, the Central Government has issued Order No. 02/2018 - Central Tax dated 31st December 2018 through which for FY 2017-18, the said time limit is extended to earliest of the following:
1. Due date of filing return under section 39 for the month of March 2019; OR
2. Actual date of filing annual return

Return under section 39 is GSTR-3. However, filing of GSTR-3 is temporarily suspended and the new summary return in the form of GSTR-3B has been introduced.

The due date of filing annual return for the financial year is also extended to 30th June 2019 vide Order No. 03/2018-Central Tax dated 31st December 2018.

Therefore, the maximum time limit for claiming ITC for the period from July 2017 to March 2018 will be earliest of the following:

1. Due date of filing GSTR-3B for the month of March 2019 i.e. 20th April 2019; OR
2. Date of filing annual return for the period from July 2017 to March 2018.

Therefore, please avail ITC for the period from July 2017 to March 2018 within the said time limit.
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No GST on interest-free security deposit received by the lessor which are refundable on completion of lease tenure

[2019] 104 taxmann.com 258 (AAR - MAHARASHTRA)

Where applicant, engaged in renting of immovable property to business entities for commercial purpose, had also taken security deposit from lessee as security against damages to property such as furniture, fittings attached with property or any damage to property leased, deposit received by applicant could not be treated as consideration for supply made by applicant and, therefore, applicant would not be liable to pay GST on such deposit amount received by it.
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Analysis of SAT Judgement in Yogesh G. Gemawat & Ors. vs. SEBI

A director either full time or part time, either elected or appointed or nominated is bound to discharge the functions of a director and should have taken all the diligent steps and taken care in the affairs of the company. In case of any proceedings for negligence, default, breach of duty, misfeasance or breach of trust or violation of any statutory provisions of the Act, the Directors being “officer is default” are liable for penal actions.

Read full case analysis at : https://dasgovernance.com/2019/04/17/analysis-of-sat-judgement-in-yogesh-g-gemawat-ors-vs-sebi/
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12% GST on RECs: Renewable power companies move Delhi High Court:

READ MORE- https://www.gststation.in/12-gst-on-recs-renewable-power-companies-move-delhi-high-court/
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👉CBDT, in its action plan for the Current Quarter from April- June 2019, has set 30th June 2019 as the Deadline to dispose of all the cases related to Demonetisation “where assessment is required to be framed,”.

👉CBDT notifies changes in Form 16 (TDS Certificate for Salary Income) and Form 24Q (TDS return in respect of salary). The changes have been made to bring TDS certificate in sync with new ITR forms issued for AY 2019-20.

👉To increase the accessibility of services for Day-to-Day Non-Trade Current Account Transactions, RBI informs that Systematically Important NBFCs offering Foreign Exchange Transactions on Individual Accounts will be eligible to obtain Authorised Dealer (AD) Category-II licence from it.

👉RBI puts into circulation Rs 50 banknotes signed by Governor Shaktikanta Das

👉MCA:  Manufacturing & allied activities were restricted in LLPs vide OM No. CRC/LLP/e-Forms dated 06.03.2019. This OM invoking the restriction regarding manufacturing & allied activities has been withdrawn with immediate effect

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Solution: Company not paying any dues of you or your any client

If any company (private or public) is not paying any dues (whether for supply of goods or services or for any investment on bond , debentures or loan) to anyone, insolvency & bankruptcy code has a solution for you for quick realisation. It has been seen that (in more than 90% of cases) Company pays your Due before admission of petition, if company is in running condition & dispute doesn't exist. This is due to the reason that if any petition is admitted under IBC, powers of all directors ceases & is vested with an independent person, called IP. No director wants to loose it's control & due to this reason, they try to pay before petition is admitted. A single creditor can file petition, if total dues (including interest , if any) exceeds Rs. 1 lakh.Even when entity is not in running condition & there is no chances of resolution, assets can be sold for realisation.

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Businesses with an annual turnover of over Rs 2 crore can now start filing GST audit reports for fiscal 2017-18 as GST Network has made its format available on its portal. The GST Council in December extended the last date for filing these forms by three months to June 30.

💡Manufacturing & allied activities were restricted in LLPs vide OM No. CRC/LLP/e-Forms dated 06.03.2019. This OM invoking the restriction regarding manufacturing & allied activities has been withdrawn with immediate effect.

💡MCA said “DIN holders are required to file the DIR-3 KYC form every year, so that they are aware of and confirm the data & information as available in the MCA21 system.” the form is presently being modified to enable pre-filling of data & information so that annual filings can be done by DIN holders in a simple and user friendly manner.

RBI needs inspiration to decide on policy rate cuts. The Index of Industrial Production grew at a measly 0.1% in Feb, the lowest since 1991. Of course, some of it is due to the base effect as this comes on top of a healthy 6.88% growth in the previous year.

IBBI is working to provide an accountable and competent valuation professionals. MCA had notified on February 1, all valuations under the Companies Act and the IBC would have to be conducted by valuers registered with the IBBI.

SEBI streamlines procedure to issue certified copies of orders, circulars, passed by the Board, Adjudicating Officers or Recovery Officers or circulars issued by the departments of the Board.

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Analysis of SAT Judgement in Corporate Strategic Allianz Ltd. vs. SEBI

By not furnishing full disclosures and in fact allowing false information to creep in the disclosures misled the investors as on the strength of such disclosures in prospectus, the investors take informed decision to invest and for such inaccuracy and lapses, responsible people and intermediaries be penalise accordingly.

Read full case analysis at : https://dasgovernance.com/2019/04/18/analysis-of-sat-judgement-in-corporate-strategic-allianz-ltd-vs-sebi/

Tuesday, 16 April 2019

16 April 2019 Updates

GST UPDATE:

GSTR 9C is now available on the portal, get ready to upload the Audit Reports....

https://www.gst.gov.in/download/gstr9c

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👉CBIC releases Excel based Form GSTR-9C Offline Tool. GSTR-9C Offline utility is designed to help Auditors to prepare Taxpayer’s GSTR-9C Statement Offline.

👉The RBI's Revised Stressed Assets Resolution Circular is likely to be out after the elections to clear the Model Code of Conduct, and also the regulator may need time to have consultations with Legal Experts, Industry and Government before bringing the framework out

👉SEBI’s new rule pertaining to reviewing the account of Unlisted Subsidiaries of Listed Entity could go a long way in preventing the reoccurrence of the IL&FS debt saga. SEBI last month issued Guidelines on Group Audit making Statutory Auditors even more accountable while preparing Audit Report, mandating them to undertake a Limited Review of All Entities accounts of which are consolidated with the Listed Entity.

👉In a judgement of far-reaching implication in the Insolvency and Resolution Process, the NCLT Chennai Bench held that a party having a Vested Interest /Relation with a Corporate Debtor should not be a part of the Committee of Creditors (CoC).

👉According to Official Data, Nearly half of their Total Admitted Claims worth over ₹1.42 Lakh Crore have been recovered by Financial and Operational Creditors from as many as 88 Debt-Ridden Companies under the Insolvency Law  till February 28.

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Stackholders may note that the correct Sequence of Uploading Incorporation related form is :
1.SPICE INC 32
2.MOA INC 33
3.AOA INC 34
4.AGILE INC 35

GST / ESIC/PF registration through form AGILE is optional however the form is necessarily required to be uploaded along with Incorporation related form by selecting No Radio button and attaching DSC of One of the Promoters.
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# ICAI Request MCA to Waive off additional fee for filling ADT-1 where From GNL-2 has already been filed by the Companies

# DGFT Public Notice No. 04/2015-20 dt. 12-04-2019 :  Amendment in proforme of End Use Certificates for grant of permission for export of items under SCOMET control list.
https://dgft.gov.in/sites/default/files/PN%20No.%204%20dt.%2012.04.19%20Eng_0.pdf

# Case Study : Interest on NPAs cannot be taxed on accrual basis in case of NBFC
Pr. CIT Vs Bajaj Finance Limited (Bombay High Court)

# Certificate Course on Forex and Treasury Management - Forthcoming Batches at Noida, Mumbai & Bengaluru
https://resource.cdn.icai.org/54876ccmip44063.pdf

# New e-TDS/TCS Return Preparation Utility released Ver. 2.6 wef 12th April 2019

Upcoming Due dates :

18-04-2019 - Quarterly return for taxpayers opting for Composition Scheme(GSTR-4)

20-04-2019 - GSTR-3B for the m/o March 2019

16 April 2019 News

*Important News on 16.04.2019*

*Business Standard*

Ø Exports grow 11% in March; trade deficit narrows

Ø *Jet lenders still undecided on funding; board to meet Tue*

Ø Infosys' digital strategy to curb attrition

Ø *Samsung says it sold 2 milion A series smartphones in 40 days, clocks USD 500 million in sales*
 
Ø *India's trade deficit narrows to $10.89 bn in March, exports grow 11%*

Ø Trump asks Boeing to rebrand 737 Max in 'what the hell do I know' tweet

Ø Wipro Q4FY19 preview: Analysts see dip in margins; modest rise in PAT

*Mint*

Ø Net interest margin of NBFCs likely to come under pressure

Ø India’s cotton output to decline to 343 lakh bales in FY19: report

Ø  Export of oilmeals rose 31% to Rs 6,222 cr in FY19

Ø Maruti Suzuki retains top slot even in tough FY19

Ø Wockhardt stocks rise; firm says USFDA inspection yields no observations
 
Ø *Firms with turnover over ₹2 cr can now start filing GST audit reports for FY18*

Ø IBC cases admitted over RBI circular to continue, says IBBI chief

Ø  Lakshmi Vilas Bank to allot near 5% shares to Indiabulls Housing Finance

*Deccan Chronicle*

Ø  Gold falls by Rs 200 on muted demand, extends losses for 4th day

Ø *Metropolis Healthcare makes a strong stock market debut; lists up 9% from IPO price*

Ø SpiceJet shares surge more than 8% on launch of new international flights
 
Ø  NBFC-MFIs raise Rs 26,000 cr through securitisation in FY19

Ø  Rupee drops 25 paise to close at 69.42 vs USD

Ø *TCS shares jump nearly 5 pc after Q4 results; m-cap rises by Rs 36,136 cr*

Ø  SENSEX ends 139 pts higher

Monday, 15 April 2019

15 April 2019 News

15th April 2K19

Economic Times
 
Ø  Management to meet lenders, pilots to decide Jet's fate
Ø  UK govt to resume cross-party Brexit talks next week
Ø  NPCI bats for blockchain to boost digital payments
Ø  Tata Projects eyes Rs 16,000 cr topline this year
Ø  BoB expects integration of Dena & Vijaya Bank in 2 yrs
Ø  RBI's revised debt resolution rules likely post-election
Ø  Indian capital market soars despite global, domestic headwinds

Business Standard
 
Ø  IMF predicts 'delicate year' for world economy, warns India about inflation
Ø  344 infra projects worth Rs 150 cr each show cost overruns of Rs 3 .16 trn
Ø  Creditors recover nearly half of total claims in 88 insolvency cases
Ø  Ashok Leyland eyes partnerships in EV space in bid to pare huge R&D costs
Ø  TCS hungry for acquisitions, scouting for assets to boost growth, says COO

Business Line
 
Ø  Robust textile exports help India reduce trade deficit with China
Ø  TVS, Suzuki, Piaggio gain scooter market share in FY19
Ø  Dr Reddy’s buys 42 approved new drug applications in US
Ø  Maruti Suzuki retains top slot even in tough FY19
Ø  Robotised module cleaning systems, ‘floating’ panels to drive L&T’s solar EPC business
Ø  Zee5 to test mobile-only plans to take on Netflix
 
Mint

Ø  RBI net buyer of dollar for 3rd month in a row, snaps up $825 m in February
Ø  Reliance Jio crosses 300 million customers mark
Ø  ₹25,000 crore rights issue not enough for Vodafone Idea: Experts
Ø  Iran says US pressures on Iran, Venezuela making oil market fragile
Ø  Govt makes it mandatory for all medical devices to get CDSCO certification

Financial Express
 
Ø  Daikin India eyes Rs 5,000 crore turnover in FY20 with 20% sales growth
Ø  India’s 2nd largest lender Bank of Baroda to evaluate board performance
Ø  ONGC arrests fall in oil output from onshore wells, posts higher growth despite vintage fields
Ø  Income tax dept coming after demonetisation cases, sets June 30 deadline for field officers
 
Deccan Chronicle

Ø  Suven gets US court nod to buy assets of Rising Pharmaceuticals
Ø  India shifts to net steel importer in 2018-19, first time in three years
Ø  FPIs stay bullish on India, pour in Rs 11,096 cr in April so far
Ø  Wholesale sugar prices seen increasing to Rs 34/kg this year

Saturday, 13 April 2019

13 April 2019 Updates 📝[DPT3 , DIR3KYC, KAM SA701]

ICAI - FAQs on UDIN for GST & Tax Audit - (12-04-2019) - https://www.icai.org/new_post.html?post_id=15563&c_id=240
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Analysis of Supreme Court Judgement in Smt. P. Leelavathi vs. V. Shankarnarayana Rao

Following six circumstances can be taken as a guide while considering whether a particular transaction is benami in nature or not.

Read full case analysis at : https://dasgovernance.com/2019/04/13/analysis-of-supreme-court-judgement-in-smt-p-leelavathi-vs-v-shankarnarayana-rao/
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# DPT-3 Alert - The following changes have been made with regard to filing of One Time Return of DPT-3 vide Circular no. 05/2019 dt. 12-04-2019 :

1. PERIOD OF DEPOSITS to be disclosed has been changed from 01.04.2014 - 22.01.2019 to 01.04.2014 - 31.03.2019.

2. DUE DATE OF FILING has been changed from 22.04.2019 to "within 30 days from the date of deployment of Form DPT-3 on MCA Portal"

# ICAI made UDIN mandatory for all Tax Audit Reports issued under IT Act, 1961 and GST Audit Reports issued under CGST Act, 2017 with effect from 1st April, 2019
For the benefits of Members, detail FAQs on GST & Tax Audit which are available at https://udin.icai.org/faqs

# ICAI : Exposure Draft of Accounting Standard (AS) 34, Interim Financial Reporting (Comments to be received by May 12, 2019)
https://resource.cdn.icai.org/54865asb44042.pdf

# Today is last date to file GSTR -1 for the month of March 2019 for taxpayers with Annual Aggregate turnover More than 1.50 Crore

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💡ICAI decision for deferment of KAM rejected by MCA.Hence applicable in case of all bank audits as on 31/03/2019

SA701 ,“Communicating-  Key Audit Matters in the Independent Auditor’s Report”

Applicability of SA 701 Communicating Key Audit Matters

The applicability of New SA 701, Communicating Key Audit Matters (KAM) in the Independent Auditor’s Report is attracted when all the following conditions are satisfied–

1. Company is required to be listed on any stock exchange in India.

2. Financial statements of such listed companies on which opinion is required to be given, to be general purpose financial statements.

3. Such financial statements to be an annual financial statement.

4. If Key audit matters are required to be communicated by law or regulation in the auditor’s report.

The KAM is also applicable in the circumstances when the statutory auditor otherwise decides based on his professional judgement to communicate key audit matters in the auditor’s report of any other company not fulfilling the abovementioned conditions. It is important to note that the key audit matter is not applicable to the limited review report by statutory auditor on quarterly and six-monthly results. Also, KAM is not required to be given in case of the auditor’s report on special purpose financial statements.

Determination of Key Audit Matters

The determination of key audit matter requires diligent application of professional judgement by the auditor. The auditor presents few matters in front of the members of the audit committee (TCWG) on a quarterly/six monthly basis. As prescribed by the standard itself, Key audit matters are to be selected from the matters communicated/presented to audit committee throughout the current audit year. The auditor shall determine/select, out of all the matters communicated during the year, those matters that required significant auditor attention in performing the current year audit. The determination of KAM to be limited to significant matter of the current year audit even when the auditor’s opinion refers to comparative numbers presented in the financial statements. Further, this SA does not require the auditor to update the KAM included in prior period auditor’s report in the current period auditor’s report unless the matter is continuing in the current period as well and determined as key matter again in the current year.

Following are some matters that usually requires significant audit attention –

a. The significant risk areas i.e. area in which the auditor assesses higher risk at audit planning stage.

b. The matters which poses challenge to auditor in forming an opinion of financial statements.

c. Areas where significant management as well as auditor’s judgment is involved for example specialised areas of accounting and auditing where auditor’s expert is used.

d. Areas which includes related party transactions and other complex transactions.

e. Areas where audit partner concludes to consult with others on significant technical matter and areas where significant matter arises on review by internal quality control reviewer.

f. Significant event or transactions that occurred during the year and had impacted the auditor’s overall audit strategy.

Auditor needs to develop preliminary view on matters that are likely to be significant which would require significant attention and eventually be determined as KAM at planning stage. These potential KAM’s to be communicated and be discussed with audit committee and TCWG in advance.

What is not a Key audit matter?

Determination of KAM is a matter of professional judgement. However, standard has clearly guided on few matters not to be KAM. Accordingly, communicating KAM in the auditor’s report is not –

a. A substitute for disclosure in the financial statement as per the applicable GAAP.

b. A substitute for modified opinion by the auditor.

c. A separate opinion on individual matters.

d. A substitute for reporting as per SA 570, when material uncertainty relating to the events or conditions that may cast significant doubt on entity’s ability as a going concern.

How to communicate KAM in the auditor’s report?

Auditor shall describe each key audit matter under a separate sub heading under heading “Key Audit Matters”. The descriptions for each Key audit matter shall be given in every case unless law or regulation prohibits for public disclosure of the matter and in some very rare cases where auditor believes that the matter should not be communicated due to its adverse consequences. In the Key audit matter, the auditor shall also refer the relevant disclosures made in the financial statement. Also, auditor needs to state as to why that matter has been determined as a key and how the matters has been dealt with during course of the audit. However, SA 705 (Revised) prohibits the auditor from communicating key audit matters when the auditor disclaims an opinion on the financial statements, unless such reporting is required by law or regulation.

Documentation in relation to Key Audit Matters

Auditor needs to document following in relation to KAM –

a. Matters that required significant auditor attention and rationale for auditor’s determination about key audit matter from the all the matters that required significant auditor attention.

b. Where applicable, the rational for auditor’s determination that there are no other KAM’s other than those included as part of basis for qualified/adverse opinion para.

c. Where applicable, the rationale behind not communicating the matter which was determined as a key audit matter.

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GST: Rs 1.5-crore hawala cash seized, 4 held in Kanpur:

READ MORE- https://www.gststation.in/gst-rs-1-5-crore-hawala-cash-seized-4-held-in-kanpur/
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Income Tax Department issued clearances to all 277 startups shielding them from the what has been popularly dubbed as the angel tax, as the government gets cracking with the implementation of the new startup framework

Real estate developers have time until May 10 to decide on whether to stick to the old 12 (residential) or 8 per cent (affordable housing) rate with input tax credit or the new 5 per cent (residential) and one per cent (affordable housing) rate with no credits.

MCA extends due date of filing DPT-3 to 30 days from deployment of Form on MCA portal and information to given for details upto 31.3.2019 and not 22.1.2019 - Rule to be amended shortly

MCA has clarified that Business Activities to be carried out by Limited Liability Partnerships (LLP) to exclude manufacturing & Allied activities. As per section 2(1)(e) of the LLP Act, 2008, Business includes trade, profession, services and occupation.

RBI spot dollar purchases hit an 11-month high in February when the central bank purchased $825 million from the market to absorb foreign portfolio inflows amid weak dollar demand. RBI bought $2,086 million and sold $1,261 million from the spot market

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👉As many as 277 startups have got an all clear certificate from Income Tax Department, shielding them from the what has been popularly dubbed as the Angel Tax, as the Government gets cracking with the implementation of the New Startup Framework. A total of 302 entities had applied for it.

👉RBI injected a total liquidity of Rs 2.98 Lakh Crore in the market in 2018-19

👉RBI permits Reinsurance Brokers to open Non-Interest Bearing Foreign Currency Accounts with banks for undertaking transactions.

👉SEBI issues Revised Guidelines for System Audit to be conducted by Mutual Funds and Asset Management Companies (AMCs). The guidelines come after "considering the importance of system audit in technology driven asset management activity and to enhance and standardise the system audit.

👉ICAI requests MCA to waive off additional fees for filling ADT-1 where form ADT-1 was was filed manually and was submitted along with Form GNL-2.

👉MCA extends last date for filing Form DPT-3 from date of deployment on MCA portal. The additional fees, shall be levied after 30 days from the date of deployment of the DPT- 3 form on MCA 21 portal.

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💡MCA UPDATE ON DIR3 KYC

Stakeholders may please note that DIN holders are required to file the DIR-3 KYC form every year, so that they are aware of and confirm the data & information as available in the MCA21 system.

With the objective of making the form more user friendly, the form is presently being modified to enable pre-filling of data & information so that annual filings can be done by DIN holders in a simple and user friendly manner.

The revised form, which will be shortly deployed, can be filed without any fee within a period of 30 days from the date of deployment. Accordingly, DIN holders who had filed DIR-3 KYC form earlier and complied with the said provisions may kindly await the deployment of the modified form for fulfilling their compliance requirements.
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GST: One-time tax settlement boost for state exchequer:

READ MORE- https://www.gststation.in/gst-one-time-tax-settlement-boost-for-state-exchequer/
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MCA Update
13 April 2019

NEWS & IMPORTANT UPDATES

As per rule 12A of the Companies (Appointment and Qualification of Directors) Rules 2014, “every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.
Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March, 2018, shall submit e-form DIR-3 KYC on or before 5th October,2018.” However, the DIR-3 KYC e-form presently available on the portal does not cater for the following:
(i) Filing on annual basis, and
(ii) Filing in respect of DINs allotted post 31 March 2018. It presently caters only to those individuals who were allotted DINs as on 31st March 2018 and whose DINs have been marked as ‘Deactivated due to non-filing of DIR-3 KYC’.
Stakeholders may please note that DIN holders are required to file the DIR-3 KYC form every year, so that they are aware of and confirm the data & information as available in the MCA21 system.
With the objective of making the form more user friendly, the form is presently being modified to enable pre-filling of data & information so that annual filings can be done by DIN holders in a simple and user friendly manner.
The revised form, which will be shortly deployed, can be filed without any fee within a period of 30 days from the date of deployment. Accordingly, DIN holders who had filed DIR-3 KYC form earlier and complied with the said provisions may kindly await the deployment of the modified form for fulfilling their compliance requirements. 

www.mca.gov.in
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SBI, Bank of Baroda savings accounts: minimum balance rules, penalty explained:

READ MORE- https://www.gststation.in/sbi-bank-of-baroda-savings-accounts-minimum-balance-rules-penalty-explained/
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Today last date of filing GSTR-1 Monthly but GST site not working properly:

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How to claim income tax benefit on donations; get up to 100% deduction:

READ MORE- https://www.gststation.in/how-to-claim-income-tax-benefit-on-donations-get-up-to-100-deduction/